Online Access Agreement

Transcription

1 Page 1 of 46 Online Access Agreement (Version Effective September 17, 2018) This Online Access Agreement ( Agreement ) governs your use of: Wells Fargo Online Wells Fargo Business Online Wells Fargo Mobile Wells Fargo Advisors online services In this Agreement, Service refers to any online or mobile services available through Wells Fargo Online, Wells Fargo Business Online, Wells Fargo Mobile or Wells Fargo Advisors online services. Please read this Agreement carefully. By clicking "I Agree" below, or by using the Service, you are agreeing to the terms of this Agreement. This Agreement covers, among other things: Our obligations to you. Your obligations as a user of the Service. Waiver of "two or more signature" requirements on accounts. How we send you notices and disclosures. Your agreement with us to use binding arbitration for most disputes arising under this Agreement or about the Service and to waive the right to a trial by jury. Your waiver of class-action rights. Limitations on our liability to you. Your mutual agreement with us that South Dakota law will control this Agreement, without regard to conflict-of-law rules. If you have any questions regarding this Agreement, please call Definitions Print full agreement Print full upcoming agreement (effective 9/17/18). Print full current agreement (effective 9/15/17 to 9/16/18). Print full previous agreement (effective 9/15/16 to 9/14/17). Additional service agreements The following addendum will apply if you register for any of these additional services. Zelle Transfer Service Wells Fargo Wire Transfers Direct Pay Still have questions? Call Online Customer Service We, Us, Our and Wells Fargo Wells Fargo Bank, N.A. and any of its affiliates or direct or indirect subsidiaries, when any of them have established an Eligible Account or provided an Online Financial Service. You or Your Each Owner of an Eligible Account, a person applying for an Eligible Account, or Eligible Beneficiary entitled to online access of a Trust and Investment Management Account, or a Delegate. Authorized Representative A person with authority to take action or make decisions on behalf of another person with respect to an Eligible Account or an Online Financial Service. This definition includes any person who may (i) manage or administer an Eligible Account or an Online Financial Service, or (ii) authorize another person to access an Eligible Account or Online Financial Service. Authorized Signer A person who has your actual or apparent authority to transact business on your Business Eligible Account(s), whether or not that person has signed the signature card or other documentation for your account(s). We may continue to recognize an Authorized Signer s authority until we receive and have a reasonable time to act upon your written modification or revocation of it. Business

2 Page 2 of 46 Any person or entity other than a Consumer with an Eligible Account where an Online Financial Service is requested. Business Day Every day is a Business Day except Saturdays, Sundays, and federal banking holidays. For brokerage accounts, Business Day also excludes U.S. stock exchange holidays. Business Eligible Account An account owned by a Business that is an Eligible Account. Consumer A person (not a business or other entity) with an Eligible Account for which an Online Financial Service is requested primarily for personal, family or household purposes. A participant in an employer-sponsored retirement plan or deferred compensation plan is not considered to be a consumer. Consumer Eligible Account An account owned by a Consumer that is an Eligible Account. Delegate Authorized Representatives appointed using the Delegate Tools. Delegate Tools Access management tools we provide that help you manage the authority and access for some of your Authorized Representatives. Delegate Tools let you limit or control the access that certain Authorized Representatives will have to, and/or tasks they can perform with an Eligible Account or Online Financial Service. Eligible Account Each Wells Fargo product you have or have applied for that is accessible through the Website. Eligible Accounts include deposit accounts, loans, credit cards, lines of credit, investment products, securities accounts, brokerage accounts, rewards accounts, and other products or accounts you have with us. Eligible Beneficiary A person named in the governing document of a Trust and Investment Management Account as the recipient or potential recipient of funds from the account. An Eligible Beneficiary is entitled to have online access to that account. Financial Management Software Quicken, QuickBooks, Turbo Tax, Xero and other software we may identify on the Website. Include/Including When used at the beginning of a list of one or more items, indicates that the list contains examples. The list is neither exclusive nor exhaustive, and the items in the list are intended only as illustrations. They aren t the only possible items that could appear in the list. Mobile Banking Service Each of the products and services you may access through the Service using a Mobile Device. These products and services may be accessed through browsers, apps, and text banking, for example. Not all Eligible Accounts are accessible through the Mobile Banking Service. Mobile Device A cell phone, smartphone, tablet, or any other handheld or wearable communication device satisfying the hardware and software requirements we specify. Online Access Process The term Online Access Process includes: The terms under which you re allowed to access and use the Service via the Website. The process used to access the Service (including required security procedures) via the Website. Our right to change, suspend or terminate all or part of the Service, this Agreement, or your access to the Service. Online Financial Service The term Online Financial Service includes:

3 Page 3 of 46 Each product or service you may access or enroll in through the Website, including the Mobile Banking Service. Please note, that not every product or service made available through the Online Financial Service may be available through the Mobile Banking Service. Actions you take, and instructions you give us, through the Website about opening or maintaining Eligible Accounts. Information we make available to you on the Website about certain insurance policies you bought through us. Display of insurance products within your online account is not evidence of insurance coverage. The term Online Financial Service does not include an Eligible Account. Owner Anyone who owns an Eligible Account as indicated in our records, and any Authorized Representative of that person. Service All Wells Fargo Online, Wells Fargo Business Online, Wells Fargo Mobile or Wells Fargo Advisors online services, plus all the Eligible Accounts and Online Financial Services you can access via the Website after entering into this Agreement. Trust and Investment Management Account Each Wells Fargo investment management or trust account you have with us that is an Eligible Account, including trust administration, investment management, fiduciary and certain custodial accounts, for example. Trust and Investment Management Accounts don t include employer-sponsored retirement or deferred compensation accounts. Website The term Website includes: All Wells Fargo Online, Wells Fargo Business Online, Wells Fargo Mobile and Wells Fargo Advisors online services websites and all other web pages maintained by us and accessible through wellsfargo.com, or wellsfargoadvisors.com or through Wells Fargo Mobile downloadable applications for the Mobile Banking Service and m.wellsfargoadvisors.com for the Mobile Brokerage Service. Any other website or web pages you can access only after you, or a person for whom you re acting as an Authorized Representative, enter into this Agreement. Website does not include any website with its own separate agreement governing online access. 1. About this Agreement (a.) Description (b.) Other Agreements with Us (c.) Conflicts Between Agreements 1(a). Description The Service is subject to this Agreement. The following are also considered part of this Agreement: General Terms of Use for the Website. Terms or instructions that appear on a screen when enrolling for, activating, accessing, or using the Service. Wells Fargo s rules, procedures and policies that apply to the Service, any Eligible Account, or any Online Financial Service. The rules and regulations of any funds transfer system or payment system used in connection with an Eligible Account or Online Financial Service. State and federal laws and regulations, as applicable. 1(b). Other Agreements with Us In addition to this Agreement, you may have a separate agreement for each of your Eligible Accounts and Online Financial Services. Those agreements will continue to apply to each of those accounts or services. 1(c). Conflicts Between Agreements

4 Page 4 of 46 If this Agreement conflicts with another agreement, or another agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence, unless this Agreement specifically states otherwise. The other agreement will only control with respect to the Eligible Account or Online Financial Service it is associated with, and only to the extent necessary to resolve the conflict or inconsistency. Additional provisions regarding online services or features that appear in another agreement covering your Eligible Account or Online Financial Service, but not in this Agreement, will apply. Example: If your Eligible Account or Online Financial Service is covered by another agreement and a dispute arises between you and us under that agreement, then the dispute resolution and governing law provisions in that other agreement will control. There are two exceptions to the general rule described above: If another agreement you have with us includes terms that address the Online Access Process, this Agreement will control and take precedence in resolving any inconsistencies between this Agreement and the terms in the other agreement that address the Online Access Process. Also, the original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version. 2. The Service (a). Description (b). Owners, Authorized Representatives and Delegates (c). Signature Requirement Waiver (d). Acknowledgements and Agreements 2(a). Description Under the terms and conditions of this Agreement, you may use the Service to: Access your Eligible Accounts. Obtain Online Financial Services. Perform authorized transactions through the Website. For your Eligible Accounts, transactions available to you may include obtaining balance information, transaction history and other information. For some Eligible Accounts, the balances and transaction history may only show activity as of the close of the previous Business Day. We provide insurance policy information for informational purposes only. Please contact your insurance carrier for current, accurate coverage details. We will update our Website if we eliminate or introduce new features to the Service. 2(b). Owners, Authorized Representatives and Delegates If an Eligible Account is owned by more than one person, or has more than one Authorized Representative, each person individually may provide us with instructions, make any decision, obtain any information or make any request associated with the Eligible Account and related Online Financial Services, to the extent allowed by agreements covering the Eligible Account. If you make someone an Authorized Signer on a Business Eligible Account, and he/she is enrolled in the Service, we can treat him/her as an Authorized Representative. If you tell us that an Authorized Representative is no longer authorized, we ll consider his/her transactions unauthorized only when: You tell us that you did not want or intend the transaction(s); and The Authorized Representative performs them after you let us know he/she is no longer authorized; and We have reasonable opportunity to act on your notification. For more details, please see the agreements for your Eligible Accounts and Online Financial Services. We may offer Delegate Tools (online or otherwise) that help you manage the authority and access of some of your Authorized Representatives and Delegates you appoint. Additional features include:

5 Page 5 of 46 Owners and certain Authorized Representatives of Eligible Accounts may use the Delegate Tools to name a Delegate. We may provide Delegate Tools that let one Delegate establish, or manage the access of, another Delegate. Delegates who are Authorized Representatives may also have authority in addition to that established using the Delegate Tools. We will treat a Delegate appointment by one Owner or certain Authorized Representatives of an Eligible Account as a Delegate appointment by all other Owners of that Eligible Account. View Only Guest users and authorized users may have access to an Eligible Account or Online Financial Service, but only to view balance and transaction information and other non-transactional capabilities as permitted by the Service. If Delegate Tools are used by you to grant a guest user or authorized user with a username, password or other login credential to access an Online Financial Service, you understand that you are responsible for any actions taken using your, your guest user, or authorized user s username and password. For example, this includes situations where your guest user or authorized user provides their user name and password with 3rd party applications or websites to allow your account information to be accessed through these 3rd party applications or websites. Wells Fargo does not endorse and is not responsible for the products or services provided by 3rd party applications or websites. View and Transact Authorized users may have access to an Eligible Account or Online Financial Service, and may engage in and authorize specified transactions permitted by the Service. All Delegate transactions performed on an Eligible Account or Online Financial Service within the scope of the authority you grant using the Delegate Tools, are transactions authorized by you even transactions you did not want or intend. You are solely responsible for those transactions. If you use Delegate Tools to change or end the authority of a Delegate, we ll consider transactions unauthorized when: You end a Delegate appointment through the Website; and You did not intend to make the transaction; and We have a reasonable opportunity to act on your notice. To end a Delegate appointment you made on the Website: 1. Access the Website using your username and password. 2. Select the applicable link to manage access to your accounts, as applicable for your Service. 3. Follow the directions to delete the Delegate. You can also call or the phone number located on your statement for assistance in managing your Delegate access. If you made a Delegate appointment through another area, you may need to follow the process for terminating the Delegate appointment through that same area to ensure all required actions are completed. If the power was granted through a trust instrument or state law, you must act in accordance with all applicable terms or laws. We may permit you to allow a Delegate to initiate funds transfers or other transactions on an Eligible Account or through an Online Financial Service. If you allow a Delegate to initiate funds transfers or other transactions, then you agree that for those transactions the Delegate is an Authorized Signer on the Eligible Account, subject to the terms of the separate agreement for your applicable Eligible Account. If you make someone who is enrolled in the Service an Authorized Signer on an Eligible Account, we may treat that Authorized Signer as a Delegate and automatically assign View and Transact authority to that Delegate. You agree that you may only appoint Delegates in accordance with the requirements we provide to you. This provision takes precedence over any conflicting provision in any other agreement you have with us. We may discontinue offering Delegate options or permitting Delegates to access your Eligible Account or Online Financial Services at any time, without prior notice. Some Delegate features may not be available for certain accounts or customers. A Delegate s authority will end when we have a reasonable opportunity to act on any of the following: An Owner or Authorized Representative lets us know that the Delegate s authority is ended. An Owner lets us know that the Owner who appointed the Delegate is no longer an Owner on the Eligible Account. If we get written notice of the delegating Owner s death/incapacity from a reliable source such as a court. Applies to Consumer and sole-proprietor Business accounts only.

6 Page 6 of 46 The Delegate is no longer enrolled in the Service as a Delegate. We can also end a Delegate s authority if he/she violates any part of this Agreement. 2(c). Signature Requirement Waiver Any requirement to verify two or more signatures on any item (such as a check) does not apply to electronic or telephone transfers. This means that you re allowing any Authorized Signer on your Eligible Account to individually make electronic or telephone transfers, even though his/her authority to transfer or withdraw funds from your account by some other means (such as by check) must be exercised jointly with one or more other persons. This provision controls and takes precedence over any conflicting provision in any other agreements you have with us. 2(d). Acknowledgements and Agreements You agree that: Each of your Authorized Representatives will be acting as your agent and will be bound by this Agreement and any separate agreement governing the Eligible Account or Online Financial Service. We may rely and act on the instructions of any Authorized Representative. All transactions that an Authorized Representative performs on an Eligible Account or Online Financial Service, including those you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions. You are solely responsible for supervising all of your Authorized Representatives and monitoring the actions they take on your behalf, whether or not we provide Delegate Tools for managing their authority. You will be responsible for ensuring each Delegate maintains the confidentiality of his or her username, password or other login identification. Each Delegate will access and use each Eligible Account and Online Financial Service, in accordance with the authority given to the Delegate by the delegating Owner or Authorized Representative. Each time the Delegate accesses, views or transacts on an Eligible Account or Online Financial Service, you represent and warrant to us that the delegating Owner authorizes the Delegate s action. If we get conflicting instructions, or if we believe that an Eligible Account s security or our security may be at risk as a result of a Delegate, we may at our sole discretion end the Delegate s access to: The Service. An Eligible Account. An Online Financial Service. We may also prevent the individual from being a Delegate without prior notice to you or any account Owner. 3. Access (a). Accessing Eligible Accounts and Online Financial Services (b). Terminating Access 3(a). Accessing Eligible Accounts and Online Financial Services You authorize Wells Fargo to provide access to your Eligible Accounts and Online Financial Services through the Service. You may access your Eligible Accounts and Online Financial Services through the Website to obtain information and perform transactions authorized on the Website. To access your Eligible Accounts and Online Financial Services through the Website, you need a username, a password and required hardware and software (see the Website for details). To complete your enrollment in the Service, you will be required to validate your address. Additionally, you are required to maintain an address that is continuously operational to receive communications from us in order to continue to access your Eligible Accounts and Online Financial Services through the Website. You also have to comply with any other security procedures we may establish. Subject to the terms of this Agreement, you ll generally be able to access your Eligible Accounts and Online Financial Services through the Website 7 days a week, 24 hours a day. Sometimes the Service may be unavailable due to system maintenance or circumstances beyond our control. You must provide all computer, telephone and other equipment, software (other than any software provided by us) and services you need to access the Service. When using the Mobile Banking Service, you may generally access certain Eligible Accounts through the mobile browser, our mobile apps, or get certain information through text messaging on a Mobile Device.

7 Page 7 of 46 3(b). Terminating Access For Violating the Agreement. If you violate any terms of this Agreement (including non-payment of fees under any applicable fee schedule) or any other agreement you have with us, you agree that we may suspend or terminate your access to any of your Eligible Accounts and Online Financial Services. We are not required to reinstate or re-activate your access. Voluntarily. If you close all your Eligible Accounts and terminate your Online Financial Services, or withdraw from the Service, we may suspend or terminate your access without prior notification. If you close your Eligible Accounts, you could also lose access to your Online Financial Services, and we may terminate your access to the Service. We are not required to reinstate or re-activate your access. If you have no Eligible Accounts linked to the Service, or don t use the Service for a period of 24 consecutive months, we may at our discretion terminate your access without prior notification. 4. Eligible Accounts and Online Financial Services: Additional Provisions (a). Removing Online Access (b). Electronic Funds Transfer Timing (c). System Maintenance (d). Account Linking and Display 4(a). Removing Online Access If you want to remove online access for an Eligible Account, us through the Service or call: Wells Fargo Online Customer Service at Wells Fargo Advisors accounts, call Business Payroll Service, call (b). Electronic Funds Transfer Timing Unless the Website or our other agreements with you say otherwise, electronic funds transfers completed through the Service before the transfer cut-off time on a Business Day will be posted to your Eligible Account the same day. Credit card, line of credit, loan and mortgage transactions may take up to three Business Days to process, but will post as of the Business Day the transaction was made. All transfers completed after the transfer cut-off time on a Business Day, or on a day that is not a Business Day, will be posted on the next Business Day. Please note that electronic funds transfers: Between financial institutions will be processed, completed and posted by the other institution following its own rules. To and from brokerage accounts may have different transfer cut-off times or posting times. Initiated through the Service for person-to-person payments may have different transfer cut-off or posting times. 4(c). System Maintenance Sometimes you may not be able to access one or more of your Eligible Accounts or Online Financial Services due to system maintenance or circumstances beyond our control. During these times, you may be able to call Online Customer Service at , use a Wells Fargo ATM or visit a Wells Fargo branch to obtain information about your Eligible Accounts. For brokerage accounts and services, use our touch-tone service if you re enrolled, contact your Financial Advisor or call (d). Account Linking and Display Once you enroll for the Service, you can link and display certain Eligible Accounts. Eligible Accounts that are linked and displayed through the Mobile Banking Service may be subject to certain limitations and restrictions. Eligible Accounts will appear on your Account Summary page on the Website without regard to who else may have an ownership interest in each Eligible Account. 5. Business Eligible Accounts: Additional Provisions

8 Page 8 of 46 If you have a Business Eligible Account or Business Online Financial Service, we may require (based on terms, conditions, or other agreements) any Authorized Representative to: Enter into this Agreement, as amended. Access each Business Eligible Account of yours in any manner and for any purpose available through the Service, whether available now or at some time in the future. Use any Online Financial Service in any manner and for any purpose available through the Service, whether available now or in the future. 6. Digital Bill Pay (Wells Fargo Bill Pay) (a). Description (b). Fees (c). Monitoring (d). Stop/Change Payment (e). Scheduling Payments (f). Errors and Liability (g). Joint Accounts (h). Termination (i). Conflicts Between Sections (j). Additional Provisions (Business Accounts Only) (k). Acknowledgements and Agreements 6(a). Description Wells Fargo Bill Pay ("Bill Pay ) lets you schedule bill payments through the Service. You must have at least one Eligible Account that is either a Wells Fargo checking account, a Wells Fargo Advisors brokerage account with the Brokerage Cash Services feature ( Brokerage Cash Services account ) or Priority Credit Line accessible through the Service, to use Bill Pay. You have to be enrolled in the Service to use Bill Pay. You authorize us to add Eligible Accounts that are Wells Fargo credit card or loan accounts as payees in Bill Pay, but depending on your history related to those accounts, we may not automatically establish them as your Bil Pay payees. For certain providers, you may have to provide additional identification information to see the bill detail information from our Website; or you may have to visit your provider s site directly to see bill detail information. You can arrange, at your option, for the payment of your current, future and automatic (recurring) bills from the accounts listed below. Please note that these accounts, called Funding Accounts, have certain payment limits, also listed below. Account Type Payment Limit Wells Fargo checking accounts $50,000 per payment Wells Fargo Money Market Checking accounts $50,000 per payment Wells Fargo business credit card accounts $10,000 per payment and per day Wells Fargo BusinessLine accounts $25,000 per payment and per day Certain Wells Fargo home equity line of credit $10,000 per payment and per day accounts Certain Wells Fargo personal lines of credit $5,000 per payment and per day The Wells Fargo Advisors Brokerage Cash Services $50,000 per payment

9 Page 9 of 46 Bill Pay payments made with an eligible credit account cannot be used to make payments on other Wells Fargo credit products. A Funding Account may not be used to pay any part of the balance you owe on that Funding Account. Eligible Accounts that require two or more signatures or authorizations to withdraw or transfer funds may not be used as a Funding Account. A Funding Account must remain linked to the Service in order to use the Funding Account for current, future and automatic (recurring) Bill Pay payments. Other than as stated above, there is no limit to the number of payments that may be authorized (except that payments funded with a credit account are limited to the total of the available credit in the account when payments are made). You may pay any payee approved by us in the continental United States, Alaska and Hawaii, and the following United States Territories: Guam, Puerto Rico and the Virgin Islands. Payments to a person or business with an APO or FPO address will be made via paper check. Wells Fargo offers a Bill Pay Payment Guarantee which applies to the use of Bill Pay in certain circumstances. The Bill Pay Payment Guarantee doesn t apply to payments made to payees outside the continental United States, to any federal, state, or local tax agency; or to court-ordered payments, since we can t guarantee correct delivery or routing. Bill Pay should not be used to transfer or deposit funds to another financial institution with the intent to deposit funds into a checking, savings, brokerage or other deposit type of account. We can t guarantee correct delivery or routing and the Bill Pay Payment Guarantee does not cover this type of transfer. If you give us the name and address of a payee, or an image of a payee bill or invoice, you authorize us to follow your payment instructions regarding that payee. In some cases, we may submit payments to the best-known payee name or address. Bill Pay payments sent via paper check with varying payee names may be combined in one envelope if those payments have the same mailing address, and the payee has not registered their full/unique mailing address with the USPS, including their secondary address designation, e.g. - Suite, Room, Floor, Dept., Building, or Unit. If we need to, we ll change or reformat your payee account number to match the account number or format required by your payee for electronic payment processing and ebill activation. Bill Pay is intended for your use only. Trying to use Bill Pay to process payments on behalf of someone other than an Owner is prohibited and will be grounds for termination of Bill Pay and your access to the Service. We may use non-affiliated third parties acting on our behalf to process Bill Pay payments. These third-party processors must adhere to Wells Fargo s strict security and privacy-protection standards. Paper checks processed by non-affiliated third parties may show that they were drawn on the third-party processor, rather than on Wells Fargo Bank, N.A. The date a Bill Pay payment starts processing is referred to in this Agreement as the Payment Send On Date. Specific details about the Payment Send On Date will be provided on the Service Web pages when you schedule a Bill Pay payment. We may, at our option, pay or refuse to make bill payments funded by checking accounts or a Brokerage Cash Services account if it would create an overdraft on those accounts. We will make this decision regardless of whether we ve previously established a pattern of honoring or dishonoring overdrafts. If we receive a bill payment drawn against your checking account or a Brokerage Cash Services account, and there are insufficient available funds in your Funding Account to cover the payment, we may at our sole discretion: Cover the payment by transferring available credit or funds from an account you have linked for Overdraft Protection, or Pay the bill payment and create an overdraft on your account, or Decline the bill payment, or Re-attempt the bill payment the following business day (until this second attempt is completed, the payment is pending and cannot be cancelled). Any negative balance on your Funding Account will be governed by your agreements with us. If a Funding Account is an eligible business credit card or line of credit account, we don't have to make a payment unless that account has sufficient available credit to pay the bill on the Payment Send On Date. Your account s terms and conditions describe over limit fees that may apply to you if any bill payments, associated fees or finance charges cause your credit account balance to exceed the credit limit. The dollar amount of bill payments through your credit account (whether we make these payments electronically or by check) will be charged to that credit account on the Payment Send On Date. Finance charges (such as interest and transaction fees) may apply to bill payments funded by a credit account; these charges will be shown to you during the payment scheduling process. Please see your credit account agreement and any written disclosure statements for more information.

10 Page 10 of 46 If your Funding Account closes or is restricted for any reason, we ll cancel all pending payments associated with the account. It will be your sole responsibility to make all pending and future payments. 6(b). Fees There are no monthly service fees for Bill Pay. 6(c). Monitoring We don t have any duty to monitor payments made through Bill Pay. If you re a business, and an Authorized Representative of yours uses your Funding Account to pay bills that aren t yours, you assume the entire risk of loss. You also agree to indemnify and hold us and our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses (including attorney fees) arising from such use. 6(d). Stop/Change Payment You have the right to stop or change any scheduled bill payment, but you must do so within the secure online session by 7 pm Pacific Time, on the Payment Send On Date, either by using Bill Pay or by calling Wells Fargo Online Customer Service at After 7 pm Pacific Time, electronic bill payments that are already in process can t be cancelled or stopped. You can stop payment on a bill payment sent by paper check by using the Bill Pay secure online session or by calling Stop payment requests aren t guaranteed: Payees can present paper check payments to their bank before the stop payment has been properly processed, and once a paper check has been cashed by the payee it cannot be stopped. If we successfully stop the payment of a paper check, it may take up to seven Business Days for the funds to be credited back to your account. 6(e). Scheduling Payments When making payments through Bill Pay, please allow enough time for your payee to receive your payment and credit your account properly. To avoid incurring a finance or other charge imposed by your payee, you must schedule a payment sufficiently in advance of the payment due date. There will be a delay between the Payment Send On Date (the date your payment starts processing) and the date the payee receives that payment, so you should schedule the payment in accordance with the payment rules displayed on the Make Payment screens. The Payment Send On Date must be at least five full Business Days before the date the payment is due at the payee for check payments and up to three full Business Days (or as shown on the Make Payment screens) for electronic payments. Bill Pay payments sent by check will show the payer of the check as the Name on Bill you have provided for that payee record. For scheduling purposes, you should count the first Business Day after your scheduled Payment Send On Date as Business Day one. Time your payment using the due date of the payment, not the last day of any grace period established by the payee. Payments must be scheduled before 7 pm Pacific Time to be processed on that day. We will withdraw funds from your Funding Account on the Business Day following your Payment Send On Date. Your Available Balance may be reduced by the amount of your payment on the calendar day following your Payment Send On Date, if that day is not a Business Day. Payments scheduled from brokerage accounts, if permitted, or a Brokerage Cash Services account may have different cut-off times. If a paper check is sent and the check is not presented for payment within 90 days, we ll stop payment on the check and credit the check amount back to your Funding Account. To avoid sending duplicate payments, if you schedule more than one payment to the same payee for the same amount on the same date, only one payment will be sent. 6(f). Errors and Liability If we don t properly complete a bill payment on time, or in the correct amount, we ll pay any related late fees or finance charges that you reasonably incur as a result, if your account was in good standing with the payee before the incident. We will also be liable to you if we don t stop a payment according to your order if the order described the payment with reasonable certainty, and the order was received at a time and in a manner that would let us act on it before the payment was sent or in process. Except as stated in this Agreement, any stop payment provisions of the agreement governing your Eligible Account that apply to checks will also apply to Bill Pay. We aren t responsible for any charges or fees imposed (including finance charges and late fees), or any other action, taken by a payee resulting from a payment that you didn t schedule properly. Also, we won t be liable if: Any other party that is meant to make a payment fails to properly transmit the payment to the intended payee. Your Funding Account and/or overdraft protection plan lacks sufficient funds or credit. A legal order directs us to prohibit withdrawals from the Funding Account.

11 Page 11 of 46 The Funding Account is closed or frozen. Any part of the electronic funds transfer system network is not working properly. We won t be liable for indirect, special, or consequential damages from using Bill Pay. We don t recognize grace periods, late after, or postmarked by - dates when deciding whether to reimburse late fees or finance charges. 6(g). Joint Accounts Joint account holders may use the same account as their Funding Account for their individual use of Bill Pay. Each Owner of an Eligible Account and each Delegate with access to that account has the same right of access to account activity - notifying Online Customer Service of suspected loss, fraud or canceling Bill Pay, etc. Owners and Delegates (provided they are Authorized Signers) may enroll in Bill Pay individually. If they do, they will need a unique password and will have a separate payee list and payment history. 6(h). Termination Wells Fargo may terminate your access to Bill Pay without prior notice if you: Have Bill Pay and don t schedule or process a payment through Bill Pay for any 24-month period. Use Bill Pay for other, unauthorized purposes. Establish more than 999 payees. Close your checking account, Brokerage Cash Services account or Priority Credit Line and don t designate a new checking account, a Brokerage Cash Services account or Priority Credit Line as a Funding Account within 30 days. If Wells Fargo terminates your use of Bill Pay, your online bill payment information will be lost and all pending payments will be cancelled and are your sole responsibility. If you decide to terminate Bill Pay, we strongly suggest that you cancel all future bill payments at the same time that you cancel Bill Pay, either by deleting those payments yourself using Bill Pay or by calling Wells Fargo Online Customer Service at Once we have been notified that you have terminated Bill Pay, we ll automatically delete all outstanding payment orders (all individual payments and all recurring payments). 6(i). Conflicts Between Sections If this Section 6 conflicts with any other provisions of this Agreement, this Section governs with respect to Bill Pay. 6(j). Additional Provisions (Business Accounts Only) The provisions in this Section 6(j) apply only to bill payments from Business accounts. For payment requests from Business accounts, which are subject to Article 4A of the Uniform Commercial Code ( UCC 4A ), we re liable only for damages required to be paid under UCC 4A. We ll never be liable for any exemplary, special, indirect, or consequential loss, damage, costs or expense of any nature, including, without limitation, lost profits, even if we have been informed of the possibility of such damages, except as may be required by law. 6(k). Acknowledgements and Agreements You agree: To pay our fees associated with multiple transaction attempts. Fees may vary depending on the action we take. That you will only use Bill Pay to pay bills and invoices, and not for any other purpose. That the password security described in Section 21 of this Agreement sets forth security procedures for electronic funds transfers that are commercially reasonable. If you don t access your Eligible Accounts through the Service for any 24-month period, we may terminate all or any part of the Service. 7. Wells Fargo ebills (a). Description of Wells Fargo ebills (b). Requirements (c). Individual and Joint Responsibility (d). Fees

12 Page 12 of 46 (e). Hours (f). Wells Fargo ebills Statement Delivery (g). Termination (h). Payment Processing (i). Changes to Charges, Fees or Other Terms (j). Questions/Errors (k). Disputes (l). Acknowledgements and Agreements 7(a). Description of Wells Fargo ebills This Section describes the delivery of electronic payment statements ( Wells Fargo ebills ) for certain types of Wells Fargo loans and line of credit products through Bill Pay. Wells Fargo credit products eligible for Wells Fargo ebills are identified in the Bill Pay portion of the Website, Eligible Credit Accounts. We may add or remove categories of credit products from the list of Eligible Credit Accounts at any time. 7(b). Requirements To receive your Wells Fargo ebills through Bill Pay, you must be enrolled in Bill Pay. To view, print, and/or save your online statement and legal notices, your computer software must meet the requirements provided on the Website. We ll you to let you know when we receive a statement and you can view, print, and/or save at your convenience. By requesting that bills, statements, or other communications from us be sent to you electronically, you warrant that you have the right, power, and authority to get them. 7(c). Individual and Joint Responsibility Any individual borrower on your loan, line of credit, or account can enroll in Wells Fargo ebills. Regardless of the individual who enrolls in Wells Fargo ebills, the terms of this Agreement apply to all borrowers, individually and jointly. 7(d). Fees There are no monthly or transaction fees for Wells Fargo ebills. 7(e). Hours Please refer to Section 3(a) of this Agreement. 7(f). Wells Fargo ebills Statement Delivery To discontinue paper payment statement delivery, or resume paper payment statement delivery, see Section 16 Online Statements and Documents for more details. 7(g). Termination Please refer to Section 6(h) of this Agreement. Those provisions also apply to Wells Fargo ebills. 7(h). Payment Processing Please refer to Section 6(a) of this Agreement. Those provisions also apply to Wells Fargo ebills. 7(i). Changes to Charges, Fees or Other Terms We reserve the right to change the charges, fees, or terms for Wells Fargo ebills. If we make a change, we ll provide notice to you in accordance with terms of this Agreement. We also reserve the option, in our business judgment, to waive, reduce, or reserve charges or fees in individual situations. 7(j). Questions/Errors In case of questions or errors about Wells Fargo ebills or Bill Pay, call We must hear from you no later than 60 days after we have sent the first paper or online statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your question in writing within 10 Business Days. When you tell us about the problem, please include: Your name and account number. A description of the error or the transaction you re unsure about, why you believe it is in error, and what additional information you need. The dollar amount and date of any suspected error. We ll inform you of the results of our investigation within 10 Business Days after we hear from you or receive your complaint or inquiry in writing (if required). We ll let you know if we require more than 10

13 Page 13 of 46 Business Days to investigate your question; if we need more time, we may take up to 45 calendar days to complete our investigation. We will promptly correct any existing errors. If we determine that there was no error, we ll send you a written explanation after we finish our investigation. If we don t complete a transaction on time, or in the correct amount according to our agreement with you, we ll indemnify and hold you harmless for your losses or damages. However, we won t be liable if: You, or anyone you allow, commits any fraud or violates any law or regulation. Any electronic terminal, telecommunications device or any part of the electronic funds transfer system is not working properly. You have not properly followed the instructions for using Wells Fargo ebills or Bill Pay. Circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the payment, despite reasonable precautions taken by us. 7(k). Disputes Disputes between you and Wells Fargo under this Agreement that relate to your account(s) are subject to the provisions of your promissory note, line of credit agreement, credit card agreement and disclosure statement, mortgage, deed of trust, or security instrument (as applicable) and applicable legal remedies. 7(l). Acknowledgements and Agreements You understand and agree that Wells Fargo ebills are provided for your convenience, and payments due continue to be your responsibility as stated in your promissory note, line of credit agreement, mortgage, deed of trust, credit card agreement or security agreement for each Eligible Loan Account, as applicable. For ebill accounts that are in default or subject to the automatic stay in bankruptcy, we may elect to discontinue delivering ebills. By activating Wells Fargo ebills, you agree to abide by the terms and conditions stated in this Section to get Wells Fargo ebills, and to get other related communications electronically. You must enroll each Eligible Credit Account individually in Wells Fargo ebills. In addition to this Agreement, you agree to be bound by, and will comply with, the requirements of the rules and regulations of any funds transfer system and applicable state and federal laws and regulations. We agree to be bound by them also. 8. Third-Party ebills Service (a). Description of Third-Party ebills Service (b). Information Required for Third-Party ebill Setup (c). Timing of Third-Party ebills (d). Cancelling Third-Party ebills 8(a). Description of Third-Party ebills Service Third-party ebills are electronic versions of paper bills made available from participating companies. ebills are updated automatically once the ebill is received from participating companies. If the company you are setting up for bill payment offers ebills, we will let you know that the ebill service is available and guide you through the enrollment process. 8(b). Information Required for Third-Party ebill Setup Companies may require you to provide certain information in order to verify your identity and validate your eligibility to receive an ebill. Wells Fargo does not control what criteria or information a company uses for their ebill setup. Please refer to the company s privacy policy or contact the company directly if you have concerns over the company s collection, use and storage of your data. Once an ebill request is submitted, it may take up to ten (10) business days for a company to approve your ebill request. We will send you an alert regarding the status of your ebill activation. 8(c). Timing of Third-Party ebills Since ebills are controlled by third-party companies, Wells Fargo takes no responsibility for any late charges or other adverse consequences if a company delays delivery or fails to deliver an ebill. If you do not receive an ebill or have questions about an ebill, please contact the company directly.

14 Page 14 of 46 8(d). Cancelling Third-Party ebills To stop receiving ebills, log on to Wells Fargo Online and follow the instructions to stop receiving the bill online from the Bill Pay screens. When you submit an ebill cancellation request, Wells Fargo will send a request to the company to stop sending this bill electronically. Please allow up to ten (10) business days for this to take effect. Your ebill status will show as "Pending deactivation" in Wells Fargo Online until the company acknowledges the request. You will continue to receive ebills during this time. 9. Wells Fargo Same Day Payments SM Service (a). Description (b). Overdrafts (c). Fees (d). Monitoring (e). Stop/Change Instructions (f). Scheduling Payments (g). Errors and Liability (h). Additional Provisions (Business Accounts Only) 9(a). Description The Wells Fargo Same Day Payments Service ( SDP Service ) is intended only for your use as the subscriber to the service. It lets you make one-time same-day payments to a participating payee for an additional fee. You must be enrolled in Bill Pay to use the SDP Service. You can make a same day payment only from an Eligible Wells Fargo checking account, a Brokerage Cash Services account or Priority Credit Line (the SDP Service Account ), up to a maximum of $50,000 per payment. You can t use accounts that require two or more signatures or authorizations to withdraw or transfer funds with the SDP Service. By furnishing us with the name and address of a payee, you authorize us to follow your payment instructions regarding that payee. If we need to, we ll reformat your payee account number to match the format your payee requires for electronic payment processing. The SDP is intended for your use only. Trying to use SDP to process payments on behalf of someone other than an Owner is prohibited and will be grounds for termination of SDP and your access to the Service. We may use nonaffiliated third parties acting on our behalf to process your same-day payments. These thirdparty processors must adhere to Wells Fargo's strict security and privacy protection standards. For a same day payment request submitted before the applicable cutoff time displayed on the Make Payment screens, we ll debit your SDP Service Account and send funds to the payee that same day (which may be a non-business Day). 9(b). Overdrafts We may pay, or refuse to make, the same day payment if it would create an overdraft on your SDP Service Account. We will make this decision regardless of whether we ve previously established a pattern of honoring or dishonoring overdrafts. We may take any of the following actions at our sole discretion, if we get a same day payment drawn against your SDP Service Account and there aren t enough available funds in your SDP Service Account to cover the bill payment without prior notice to you: Cover the same day payment in accordance with the terms of any written overdraft protection plan that you and we have established; or Pay the same day payment and create an overdraft to your SDP Service Account; or Decline to make the same day payment. Any negative balance on your SDP Service Account will be governed by your agreements with us about the SDP Service Account. You agree to pay any applicable overdraft fees, which may vary depending on the action we take.